[Congressional Record Volume 161, Number 178 (Wednesday, December 9, 2015)]
[Extensions of Remarks]
[Page E1752]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         IN SUPPORT OF AFFIRMATIVE ACTION AND CAMPUS DIVERSITY

                                 ______
                                 

                        HON. SHEILA JACKSON LEE

                                of texas

                    in the house of representatives

                      Wednesday, December 9, 2015

  Ms. JACKSON LEE. Mr. Speaker, this morning I was at the Supreme Court 
observing the oral arguments in the case of Fisher v. University of 
Texas at Austin, No. 14-981.
  The issue to be decided in the Fisher case is whether the 
undergraduate admissions policy of the University of Texas at Austin 
complies with the principles established by the Supreme Court in 
Grutter v. Bollinger, 539 U.S. 306 (2003).
  In Grutter, the Court held that ``obtaining the educational benefits 
of `student body diversity is a compelling state interest that can 
justify the use of race in university admissions.' '' 539 U.S. at 325.
  Mr. Speaker, I am proud to be a representative from a state that has 
played a pivotal role in the Supreme Court's educational equity 
jurisprudence, beginning with the landmark case of Sweatt v. Painter, 
339 U.S. 629 (1950), won by Thurgood Marshall and which held that 
segregated law schools violated the Equal Protection Clause of the 
Fourteenth Amendment and laid the foundation for the landmark decision 
in Brown v. Board of Education, 347 U.S. 483 (1954).
  Mr. Speaker, I would urge the Supreme Court to uphold the admissions 
policy of the University of Texas at Austin because affirmative action 
is needed to ensure the diversity on college campuses that will yield 
diversity in the ranks of America's future leaders.
  In a globalized and increasingly interconnected world, the nation 
that succeeds is the one best positioned to adapt to a world of 
differences--cultural, religious, economic, social, racial, and 
political.
  The key to success in a diverse global economy is learning to adapt 
and thrive in diverse communities where the next generation and its 
leader are educated and trained.
  And that is why it is critical that the Court uphold the principle it 
established in Grutter v. Bollinger in 2002 that diversity in higher 
education is such a compelling governmental interest that race-
conscious admission policies are permissible if other alternatives are 
found to be inadequate.
  This is the situation presented by the facts in Fisher v. University 
of Texas at Austin, which was reargued before the Court today.
  Although the University of Texas's consideration of race is very 
narrow--just one of many factors in the admissions process--its impact 
has been significant in advancing educational benefits flowing from a 
diverse student body.
  From 1997 to 2004, affirmative action in admissions at the University 
of Texas was barred by the infamous Fifth Circuit decision in Hopwood 
v. Texas, 78 F.3d 932 (5th. Cir. 1996).
  As a result of the University of Texas's inability to consider a 
qualified applicant's race in the admissions process, between 1997 and 
2004 African-American students never comprised more than 4.5% of the 
entering class--far below the 13% of Texas high school graduates who 
are African Americans.
  Worse yet, for the students attending the University of Texas, during 
that period, 4 out of every 5 of classes (79%) at the University had 
zero, or only one, African-American student.
  Mr. Speaker, this is not the way to produce a generation of leaders 
for the 21st century.
  With the Supreme Court decision in Grutter, the University of Texas 
could add race to other criteria considered in its individualized 
admissions policy.
  And behold the results--28% of African Americans enrolled at the 
University were admitted at this stage of admissions process, a stark 
contrast to the 4.5% of the student body represented by African 
Americans in the preceding 7 years.
  Mr. Speaker, affirmative action works; it is the right thing to do 
for our country.
  Fostering educational diversity and greater opportunity is critical 
to our nation's future in a global economy and an increasingly 
interconnected world.
  That is why diversity is supported by a broad cross-section of 
American society, including military leaders, major corporations, small 
business owners, educators, and students from all backgrounds.
  An America that celebrates diversity in higher education will! 
produce the leaders, inventors, entrepreneurs, diplomats, public 
servants, and teachers that will serve our nation well in the global 
economy of the 21st century.
  And of the most important things that can be done to ensure this 
bright future is for the Supreme Court to affirm the judgment of the 
5th Circuit and uphold the admissions policy of the University of 
Texas.

                          ____________________